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29 Cards in this Set

  • Front
  • Back

Affirm

To ratify, make firm, confirm, establish, reassert, validate.

Amicus Curiae

A party that is not involved in litigation but gives expert testimony when the court asks. They can support public interest not being addressed in the trial.

Appeal

Civil practice the complaint to a superior court of an injustice done or error committed by an inferior one, whose judgement or decision the court above is called up to correct or reverse.

Appellant

The party who takes an appeal from one court or jurisdiction to another.

Certiorari

The name of a writ issued by a superior court directing an inferior court to send up to the former some pending proceeding, or all the record and proceedings in a cause before verdict, with its certificate to the correctness and completeness of the record, for review or trial, or it may serve to bring up the record of a case already terminated below, if the inferior court is one not of record, or in cases where the procedure is not according to the course of the common law.

Class Action

Legal action involving a large group or class of people. Without having every member of the class join the action, a few individuals initiate a court case becoming representatives of the group.

Code

A collection or compendium of laws. A complete system of positive law, scientifically arranged, and promulgated by legislative authority.

Common Law

The common law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained among most of the states peoples of Anglo-Saxon stock.

Concurring Opinion

an opinion that is given by another authority that is an agreeance and upholds the opinion of the first authority.

Consent Decree

One entered by consent of the parties, it is not properly a judicial sentence, but is in the nature of a solemn contract or agreement of the parties, made under the sanctions of the court, and in effect an admission by them that the decree fsa just determination of their rights upon the real facts of the case, if such facts had been proved.

Constitution

In public law, the organic and fundamental law of a nation or a state, which may be written or unwritten, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating , distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign powers.

De facto

In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which exists actually and must be accepted for all practical purposes, but which is illegal or illegitimate.

De jure

Of right, legitimate, lawful, by right and just title.

Dissenting Opinion

The opinion in which a judge announces his dissent from the conclusions held by the majority of the court, and expounds his own views.

In loco parentis

In the place of a parent, instead of a parent, factitious, with a parents rights, duties, and responsibilities.

Injunction

A prohibitive writ issued by a court of equity, at the suit of a party complaint, directed to a party defendant in the action, or to party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the continuance there of such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action fit law.

Minority Opinion


Negligence

The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances.

Per curiam

the name that is given to the opinion that is rendered by a court where there is more than one judge.

Plaintiff

A person who brings an action ; the party who complains or sues in a personal action and is so named on the record.

Pleadings

The pleadings are the formal allegations by the parties of their respective claims and defenses, for the Judgment of the court. The individual allegations of the respective parties to an action at common law, proceeding from them alternately. In the order and under the distinctive names following: The plaintiff’s declaration, the defendant’s plea, the plaintiff’s replication, the defendant’s rejoinder, the plaintiff’s surrejoinder. the defendant’s rebutter, the plaintiffs surrebutter; after which they have no distinctive names.

Precedent

An adjudged case or decision of a court of justice, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law. A draught of a conveyance, settlement, will, pleading, bill, or other legal instrument, which is considered worthy to serve as a pattern for future instruments of the same nature.Law Dictionary: What is PRECEDENT? definition of PRECEDENT (Black's Law Dictionary)

Stare decisis

Lat. To stand by decided cases; to uphold precedents; to maintain former adjudications. Law Dictionary: What is STARE DECISIS? definition of STARE DECISIS (Black's Law Dictionary)

Tort

wrong, injury, the opposite of right so called

Statute

Time frame set by legislation where affected parties need to take action to enforce rights or seek redress after injury or damage.

Respondent

The party who makes an answer to a bill or other proceeding in chancery. The party who appeals against the judgement of au inferior court is termed the ap-pellant, and he who contends against the appeal, the respondent.

Remand

To remand a prisoner, after a preliminary or partial hearing before a court or magistrate is to scud him back to custody, to be kept until the hearing is resumed or the trial comes on. To remand a case, brought into an appellate court or remove from one court into another, is to send it back to the court from which it came, that further proceedings in the case, if any, may be taken there.

Civil Action

In the civil law. A personal action which is instituted to compel payment, or the doing some other thing which is purely civil.

Damages

A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act of omission or negligence of another.